Prosecutors partly disagreed. "The legislature has only provided for the presence of representatives of the defendant in the limited circumstances of destructive testing," prosecutors wrote in a motion released to the public on Monday, along with 33 others that the judge unsealed after the media petitioned the court to do so.

Arapahoe County District Court Judge William Sylvester granted the defense's request "as to consumptive or destructive testing" but denied it in all other cases. "While the defendant has a right at trial to confront any state experts or examiners involved in scientific testing of the evidence, defendant does not have the right to have a confidential expert present during the people's scientific testing of all evidence," he wrote.